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ATTY/ORD.442/ACCESSORY DWELLING UNITS – ZONING <br />REV: 03-20-17 PR <br />Page 6 of 12 <br />G. Stormwater Treatment. Accessory dwelling units are subject to the <br />requirements of Section 32.12 (Stormwater Treatment), including creek <br />protection and setbacks. <br />H. Passageway. A passageway is not required in conjunction with the <br />construction of an accessory dwelling unit, unless mandated by the Americans <br />with Disabilities Act or other state or federal safety code or standard. A <br />passageway is a pathway that is unobstructed and clear to the sky that extends <br />from the street to the door of the accessory dwelling unit. <br />I. Historic Preservation. Any accessory dwelling unit located in a historic district <br />or on a site with a historic landmark shall be subject to the requirements of <br />Chapter 40 (Historic Preservation) of the City Code. <br />37.4 - Application. <br />An accessory dwelling unit that includes a second-story element shall require approval of <br />an Architectural Permit in accordance with Article 45, prior to the issuance of a Building <br />Permit. <br />37.5 - Neighbor Notification. <br />An application for an accessory dwelling unit with a second-story element shall include <br />notification to adjacent property owners and tenants in accordance with Article 49 (Public <br />Notice). [This is handled as part of the application submittal process.] <br />37.65 - Rental Only. <br />The accessory dwelling unit shall not be intended or offered for sale, nor sold, but may <br />be rented. <br />37.76 - Homeowner Occupancy. <br />A. The property owner shall live on-site in either the main unit or the accessory <br />dwelling unit. <br />B. Exception. The homeowner may live off-site and rent out both the main house <br />and the ADU if the homeowner has a medical condition that requires residency <br />elsewhere or accepts a job offer outside of the San Francisco Bay Area. <br />1. Process for Review. Applications for Exception to the Homeowner <br />Occupancy Requirement shall be filed with the Community Development <br />Department by owner of the property affected and shall be reviewed by the <br />Planning Manager or his/her designee. The application shall include pertinent <br />information as may be required by the Planning Manager or his/her designee <br />that demonstrates conformance with the exception criteria described in this <br />subsection B. <br />8.B. - Page 15